Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 963 PW 2022 State Vs Ravi and anr.
CNR MHMM18-004172-2022
ORDER BELOW APPLI. FOR RETURN OF PROPERTY, EXH.39
1. This is an application under Section 457 of Code of Criminal
Procedure for release of property.
2. As per applicant she had been out of station and kept her
ornaments, as described in the main application were kept in the house
of accused Mr. Ravi Jagannathan. In the mean time accused has been
arrested in connection with the present crime and the ornaments kept by
applicant in his custody under impression that those are belonged
accused Mr. Ravi Jagannathan. Those gold ornaments belonged to her.
Accused or any of the other persons have no connection with those
ornaments. Therefore, those shall be returned to her.
3. Ld. A.P.P. and first informant, vide her reply, Exh.37, objected to
the application stating that the ornaments are crime proceeds. The trial is
not yet commenced. Ornaments are found in custody of accused. The
first informant narrated various details of the First Information Report,
but the basic objections to connect her with the ornaments are missing.
On the grounds pleaded first informant contended that application shall
be rejected.
4. The applicant filed on record ample material showing that she was
traveling during the relevant period and was out of Mumbai. The
photographs and other documents produced clearly reflect that
ornaments are old and were in possession of the applicant. Further, as
stated above the first informant narrated various details of the
allegations in the objections raised, but there found nothing to connect
her with the ornaments. In the charge sheet also there found nothing
from which it can be inferred that ornaments belonged to accused Mr.
Ravi Jaganathan or purchased by him out of crime proceeds.
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C. C. No. 963 PW 2022 State Vs Ravi and anr.
CNR MHMM18-004172-2022
5. The ornaments are lying in the custody of concerned police
station. The applicant is entitled to possession of those ornaments.
Further, the investigation relating to ornaments is over as charge sheet
already filed since long back. The charge sheet clearly reflect that those
ornaments have no evidential value. Further, even if any connection of
ornaments found during trial, conditions can be imposed on the
applicant to produce the ornaments before court or shall not dispose off
without prior permission of this court. The applicant can not be deprived
of her ornaments.
6. Considering all these facts and circumstances, application needs
to be allowed and hence, following order -
ORDER
a. The respondent is directed to handover the custody of the
ornaments mentioned in the application to the applicant Smt. Jayashree
Janardan Shanbhag, after verifying her credentials on her executing
indemnity bond of Rs.7,00,000/- (Rupees Seven Lacs Only).
b. The applicant shall not dispose off the articles within three years
from today without prior permission of this court and while accepting
custody, the applicant shall furnish the photographs of the articles
handed over to her.
c. After all these compliances the concerned police station shall send
all these documents to this court for retaining record with the charge
sheet.
MUMBAI (KOMALSING RAJPUT)
DATE – 27.03.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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